NEW DELHI: Five months after staying its judgment accepting the controversial 100-metre elevation definition for Aravali hills, the Supreme Court on Friday declared that not an inch of the Aravali range would be permitted for mining until an expert committee, to be constituted by the apex court, redefines what constitutes the Aravali hills and ranges.
As lawyers representing mining lease holders and those aspiring to obtain mining leases argued that the process for renewal and grant of leases could proceed without finalisation, a bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi stated, “We will not pass any order to allow resumption of mining activities in Aravalis.”
“We will not allow an inch of Aravali to be used for any purpose unless we are satisfied with the new definition that will be proposed by the expert committee to be constituted by us, taking into account the names suggested by amicus curiae K Parameshwar, Union government, and parties,” the Chief Justice said.
Hailing from Haryana and aware of the deleterious impact of decades of illegal mining on the environment and ecology of the Aravalis—considered the green lung of north-western India—Chief Justice Kant remarked, “The whole problem has arisen because of the powerful mining lobby. We are very clear in our minds. No activity will be permitted without us getting the report and satisfying us about the protective umbrella that needs to be put.”
On December 29 last year, a bench led by Chief Justice Kant had taken suo motu cognisance of the uproarious concern expressed by environmentalists over the Supreme Court’s November 20 judgment accepting the 100-metre elevation definition for Aravali hills. It had ordered all mining activities and the grant of renewal or new mining leases in the Aravali region to be stopped.
Indefinitely keeping in abeyance the operation of the Supreme Court’s November 20 judgment, the bench in its order had then said, “This stay shall remain in effect until the present proceedings reach a state of logical finality, ensuring that no irreversible administrative or ecological actions are taken based on the current framework.”
The Chief Justice-led bench had proposed to set up a committee of domain experts for an “exhaustive, holistic and scientific” examination of the Aravali hills and ranges to develop a comprehensive definition to protect its “structural and ecological” integrity.
Amicus curiae and senior advocate Parameshwar informed the court that in consultation with the government, a list of domain experts has been submitted to the court. The bench said it would soon list the matter to constitute the committee after hearing the parties.
